45.5  Failure to Obtain Funding for Capital Expenditure

If the Service Provider has used reasonable endeavours to obtain funding for the Capital Expenditure referred to in clause 45.3, but has been unable to do so within forty (40) Business Days of the date that the agreement or determination referred to in clause 45.3 occurred, then the Authority shall pay to the Service Provider an amount equal to that Capital Expenditure on or before the date falling twenty (20) Business Days after the Capital Expenditure has been incurred.